Eminent Domain | Condemnation

Here’s the latest pipeline takings case from Texas.

This one has been to the Texas Supreme Court before (see our post “‘Common Carrier’ Claim Subject To Actual Judicial Review“). That decision required trial courts to make an actual and factual inquiry into a claim that a pipeline company is a common carrier with

This is the first of two posts today out of the Tar Heel State (here is the other one). 

North Carolina lawyers no doubt knew this, but we can’t say that we did: the North Carolina Constitution currently does not have a provision that mirrors the Fifth Amendment’s Takings Clause. 

According to these

Here’s the trial court’s opinion in one of the Jersey Shore “dune replenishment” cases we’ve been following.

These are the cases in which owners of beachfront property (or in one case, a municipality itself) objected to the state and local governments summarily taking easements on private property to be used to armor the shoreline

If you are a “public agency staff, an appraiser, or a right-of-way consultant” (or, we presume, a lawyer) in California, check this out: a free half-day seminar on eminent domain issues in Costa Mesa on Thursday, March 5, 2015, presented by the Nossaman law firm, the guys who produce the California Eminent Domain

Here’s the recently-filed amici brief of the National Federation of Independent Business and the NFIB Small Business Legal Center, which urges the Texas Supreme Court to review the Court of Appeals’ Memorandum Opinion in City of Dallas v. Highway 205 Farms, Ltd., No. 05-13-00951-DV (July 22, 2014). 

This case raises a jurisdictional issue that

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Here are the links from our opening sessions this morning:

  • The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but

Here’s one with a somewhat unusual twist: the condemnee objecting to the taking by a public utility district was the state.

In Public Utility Dist. No. 1 of Okanogan Cnty. v. State of Washington, No. 88949-0 (Jan. 29, 2015), the Washington Supreme Court affirmed the power of the county utility district to take an

This is a longer post, but since we think this case may be going further and is worth watching, we’re going to hit it up in some detail.

In City of Chicago v. Eychaner, No. 05L050792 (Jan. 21, 2015), the Illinois Appellate Court upheld the taking of private vacant land near the Chicago Loop (Eychaner’s

AFTER

Here at invesecondemnation.com, we do our best to bring you timely decisons on cases of interest from around the nation and the world. But today we’ve outdone ourselves, because we have an opinion from the Connecticut Court of Appeals, issued … next week: Dep’t of Transportation v. Cheriha, LLC, No. 155AP144